Is there a "necessary defense" in Poland?Polish courts condemn defenders
"Amendment prepared by the Ministry of Justice, which has been in force since the beginning of 2018., supplemented the existing regulations with the defense necessary with a provision relating to the protection of a special value for each person, which is security in your own home.Pursuant to the Act, he is not punishable by the one who represents the assassination associated with climbing into the apartment, premises, house or fenced area adjacent to the apartment, premises, house, even if it exceeds the limits of necessary defense.Criminal liability in this case only threatens to exceed the boundaries of the necessary defense, "the press office of the Ministry of Justice informed us.
Defense necessary?It all depends on the interpretation
It was the famous and realized promise of the Minister of Justice Zbigniew Ziobro.Much still depends on the interpretation of the judges.And they, in turn, often, instead of the use of necessity casus, decide by deriving a verdict from the articles of the Penal Code talking about unintentional causing death or exceeding the boundaries of necessary defense.This is what the judgment recently shook the inhabitants of the Łódź Voivodeship.
"The sentence of four years imprisonment was heard by a man who defended himself and his wife in his own apartment.According to the court - the attacker broke the door and invaded the premises.The court convicted the man because he exceeded the principles of necessary defense, "said TVP Łódź less than three months ago.
The convicted man lay down with his wife to sleep in their own home, where the child was still staying.The attacker broke into the apartment of the family and beat both the man and his wife.He was stronger.The defenders finally managed to reach for the knife and defended his family and himself.The men had a conflict before, but the burglar is currently at large, and the defender was convicted.Not only that, the District Prosecutor's Office in Zgierz demanded 12 years imprisonment for a man defending family.
"I will appeal.I will do everything to save my husband.There are recordings from a conversation with the police.Our son shouted that they would kill his dad, my husband stood in my defense, the attacker entered us home and he walks after freedom, and my husband is still in custody.Is this justice? "- Mrs. Emilia, the resentful wife of a convicted man, said the media.
The case of Tomasz G..
Here, at least the court decided to recognize that there was a necessary defense at all.Tomasz G was less lucky.This time the place of the tragedy was Bytom, where there was also a quarrel between friends, two men.One of them wasTomasz G.and the second Bartosz Zając.After leaving the Zając restaurant, he offendedTomasz G.and his family, he spat on him, and then intended not to suggest him.Tomasz G.He pushed or hit the attacker (this was not decided by the court), and the completely drunk attacker fell over.And here the situational drama began.The unlucky fall (and not a blow) caused the head to hit the trotuar or concrete basket.Death took place the next day in the hospital, as experts say, perhaps as a result of improper medical care.However, all this did not convince the courts of the first and second instance to use the article about the necessary defense.Tomasz G.He was sentenced to an absolute imprisonment of unintentional death.The sentence sounded inexorable: 20 months in prison.
It seems that the media contributed to the judgment.The whole mainstream wrote about the mortal blow of the MMA player (Tomasz G.From Bytom he fought one professional fight in his life and lost her).Anyway, to this day TVN produces materials about Tomasz G.Where does this remark mainly of opposition media?Perhaps this is due to the fact that the deceased was the cousin of Damian Bartyla ruling at the time. Reasumując,Tomasz G.He defended himself, neutralized the attack of a person with important family connotations, and death occurred as a result of the unfortunate fall of a drunk aggressor.However, it is the defender who is to go to prison like a common criminal.
Minister of Justice Zbigniew Ziobro has fulfilled his promises regarding necessary defense.However, its use was demanded unsuccessfully in court by the defender Tomasz G.., mec.Adam Gomoła, who is known mainly for being a trial representative of the family of the current Minister of Justice.
Patron Gomoła believes that "the necessary defense is an emanation of the old Roman principle that the law should not succumb to lawlessness".The lawyer also referred directly to the case of Tomasz G.."I would not like to believe that the court underwent media pressure here, but sometimes it happens that media pressure is not conducive to reliable judgment.And let's remember that the pressure of the media was so far -reaching that not only did not take into account the necessary defense of Tomasz G., but the case was written as a murder, "said the lawyer recently. ObecnieTomasz G.He can only count on the act of the grace of President Andrzej Duda, to whom such a request was sent.
One thing seems certain, despite the amendment to the Penal Code of 2017., the implementation of the slogan "My home, my fortress", as well as a simple principle that the necessary defense must be primarily effective (and not proportional, almost mathematically adequate) Polish courts are still condemned to absolute imprisonment.
The article expresses the author's views and does not have to be the same as the editorial office.